Any disputes arising out of or in connection with the installation and warranty of the Split System shall be referred to and finally resolved by a WhisperKOOL approved Independent Certified HVAC Technician. The evaluation of the Technician on all issues or matters of identifying the responsible party (WhisperKOOL or Installing Technician) shall be determined in a written report. This report will be made available to all concerned parties. If discovered under warranty, WhisperKOOL will assume the financial responsibility under their warranty guidelines. If the report finds the Owner’s Installer as the responsible party, WhisperKOOL will provide all documentation to the customer to substantiate the findings. This will include the Invoice from the Independent Certified HVAC Technician and the written report of
the findings. The Owner will become responsible for payment directly to WhisperKOOL for all charges incurred for repairs (labor, parts and shipping costs) on the Split System.
9. General Provisions
Responsibilities of the Purchaser, and/or items not covered under our Limited Warranty, include, but are not limited to, the following:
(a)CONSTRUCTION AND SEVERABILITY: Every provision of these Terms and Conditions will be construed, to the extent possible, so as to be valid and enforceable. If any provision of these Terms and Conditions so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision will, to the extend so held, be deemed severed from these Terms and Conditions, and all other provisions will remain in full force and effect.
(b)GOVERNING LAW/ CHOICE OF FORUM: The laws of the State of California (without regard for conflicts of law) shall govern the construction and enforcement of these Terms and Conditions, except that the Terms and Conditions shall be interpreted as though drafted jointly by WhisperKOOL and the Purchaser. Any dispute will be resolved in a state or federal court situated in the County of Santa Clara, State of California, and the Purchaser hereby irrevocably submits to the personal jurisdiction of such courts for that purpose.
(c)ENTIRE AGREEMENT/ NO WAIVER: These Terms and Conditions and the Limited Warranty incorporated herein by reference set forth the entire agreement between the parties and supersede all prior agreements or understandings, both written and oral, between the parties regarding the subject matter of this the Terms and Conditions and Limited Warranty. The parties may modify these Terms and Conditions or the Limited Warranty only in writing signed by each. No waiver by WhisperKOOL of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.
(d)CORRECTION OF ERRORS AND INACCURACIES: These Terms and Conditions may contain typographical errors or other errors or inaccuracies. WhisperKOOL reserves the right to correct any errors, inaccuracies or omissions, and to change or update these Terms and Conditions at any time without prior notice.
10. Questions or Additional Information
If you have any questions regarding these Terms and Conditions, or wish to obtain additional information, contact us via phone at
WhisperKOOL
1738 E. Alpine Ave. Stockton, CA 95205 1(800)
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